Special protection against dismissal

Special protection against dismissal (also: "special protection against dismissal") for the employment relationship leads to differently graded forms of irreversibility .

Germany

In Germany it is available for a number of groups of people. These are primarily:

Works council members § 15 KschG
Electoral boards and candidates for works council elections § 15 KschG
Staff council members , electoral boards and candidates for election in this regard (relevant staff representation law )
Members of youth and trainee representatives (according to works constitution or staff representation law)
Representative for severely disabled persons, Section 179, Book 9 of the Social Code (SGB IX)
Severely disabled people only with the consent of the Integration Office , Section 168 Ninth Book of the Social Code (SGB IX)
company data protection officer
Immission control officer
Pregnant women and mothers up to four months after delivery, Section 17 MuSchG
Persons on parental leave , § 18 BEEG ;

People in care leave , Section 5 Care Leave Act

Trainees after the probationary period § 22 BBiG

Persons performing military or community service , Section 2 ArbPlSchG / Section 78 ZDG

Holders of political elections

France

In France it is available for:

Pregnant women , especially during maternity leave .
Employees whose employment relationship is suspended due to injury caused by an industrial accident .

See in detail

literature

Wulfhard Göttling / Michael Neumann: Easily understandable protection against dismissal for severely disabled people ; NZA-RR 2007, 281

Jutta Schwerdle: Time off work when caring for close relatives - protection against dismissal even during the probationary period? , ZTR 2007, 655

Oliver Haag: Overview of special protection against dismissal , DPL 2007, 220